Kivuitu and his team sent home at last
By BERNARD NAMUNANE and ALPHONCE SHIUNDU
Posted Tuesday, December 16 2008 at 22:51
Parliament on Tuesday disbanded the Electoral Commission of Kenya, sending home its chairman, Mr Samuel Kivuitu, and his team of 21 commissioners.
169 MPs passed the Constitutional Amendment Bill (2008) which also replaced the ECK with an Interim Independent Electoral Commission (IIEC).
Parliament only needed 145 MPs to pass the law. No MPs voted against the amendment and none abstained. Fifty-three MPs were absent.
Later, 174 MPs voted to push the Bill through the third and final stage. It now awaits the Presidents signature to become law.
Referendum
The Bill, which amends Section 47 of the Constitution also provides for a referendum law and establishes an interim Constitutional Court to preside over disputes that are likely to arise from the review process.
The interim commission has the mandate to carry out wide ranging electoral reforms, register voters afresh and install new systems of tallying votes to ensure that elections are free, fair and credible.
The House has already passed the Constitution of Kenya Review Bill, which outlines the road to a new Constitution. President Kibaki has already signed it into law.
Moving the motion to disband ECK on Tuesday, Justice and Constitutional Affairs minister Martha Karua said the Government was putting in place the interim commission to restore the confidence of Kenyans in the electoral system as recommended by the Kriegler report on last years disputed presidential elections.
The passing of the Bill was the result of consultations and intense lobbying by the President and the Prime Minister who were seeking the support of MPs to obtain the 145-member threshold required to change the Constitution. Deputy Speaker Farah Maalim presided over the vote.
Ms Millie Odhiambo (nominated, ODM) said Kenya would be a better place if Parliament stayed focused on the reform agenda.
She called for a balanced Parliamentary Select Committee which will ensure equitable gender and regional representation. The committee will nominate the nine new members who will become the IIECK commissioners.
Prof Margaret Kamar (Eldoret East, ODM) said the committee should come up with modalities to ensure that both the process and the content of the Bill remained beyond reproach.
Mr Eugene Wamalwa (Saboti) called for a review of constituency boundaries, saying some constituencies were being shortchanged.
It is after Mr Wamalwa spoke that Agriculture minister William Ruto stood and asked that the debate be cut short for the voting to start. He was supported by Local Government assistant minister Robinson Githae.
The results were 169 in favour and none opposed. The vote effectively set in motion the stalled constitutional review process. Both President Kibaki and PM Odinga had promised to ensure that a new Constitution is enacted by April next year.
With Tuesdays vote, MPs also entrenched the review process in the Constitution and cleared the way for a new supreme law that the country has been trying to write for the last two decades.
While they were unanimous that ECK chairman Samuel Kivuitu and his team must pack their bags and leave their office at Anniversary Towers, the MPs criticised themselves, security forces and the media for the violence that rocked the country early this year.
However, Cabinet minister Mutula Kilonzo and Kipipiri MP Amos Kimunya demanded a process of identifying the villains in the commission so that those who were innocent could be set free and be well compensated.
DAILY NATION - Kivuitu and his team sent home at last